The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

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F.S. 101.657

101.657 Early voting.—

(1)(a) As a convenience to the voter, the supervisor of elections shall allow an elector to vote early in the main or branch office of the supervisor. The supervisor shall mark, code, indicate on, or otherwise track the voter’s precinct for each early voted ballot. In order for a branch office to be used for early voting, it shall be a permanent facility of the supervisor and shall have been designated and used as such for at least 1 year prior to the election. The supervisor may also designate any city hall, permanent public library facility, fairground, civic center, courthouse, county commission building, stadium, convention center, government-owned senior center, or government-owned community center as an early voting site; however, if so designated, the sites must be geographically located so as to provide all voters in the county an equal opportunity to cast a ballot, insofar as is practicable, and must provide sufficient nonpermitted parking to accommodate the anticipated amount of voters. In addition, a supervisor may designate one early voting site per election in an area of the county that does not have any of the eligible early voting locations. Such additional early voting site must be geographically located so as to provide all voters in that area with an equal opportunity to cast a ballot, insofar as is practicable, and must provide sufficient nonpermitted parking to accommodate the anticipated amount of voters. Each county shall, at a minimum, operate the same total number of early voting sites for a general election which the county operated for the 2012 general election. The results or tabulation of votes cast during early voting may not be made before the close of the polls on election day. Results shall be reported by precinct.

(b) The supervisor shall designate each early voting site by no later than the 30th day prior to an election and shall designate an early voting area, as defined in s. 97.021, at each early voting site. The supervisor shall provide to the division no later than the 30th day before an election the address of each early voting site and the hours that early voting will occur at each site.

(d) Early voting shall begin on the 10th day before an election that contains state or federal races and end on the 3rd day before the election, and shall be provided for no less than 8 hours and no more than 12 hours per day at each site during the applicable period. In addition, early voting may be offered at the discretion of the supervisor of elections on the 15th, 14th, 13th, 12th, 11th, or 2nd day before an election that contains state or federal races for at least 8 hours per day, but not more than 12 hours per day. The supervisor of elections may provide early voting for elections that are not held in conjunction with a state or federal election. However, the supervisor has the discretion to determine the hours of operation of early voting sites in those elections.

(e) Notwithstanding the requirements of s. 100.3605, municipalities may provide early voting in municipal elections that are not held in conjunction with county or state elections. If a municipality provides early voting, it may designate as many sites as necessary and shall conduct its activities in accordance with the provisions of paragraphs (a)-(c). The supervisor is not required to conduct early voting if it is provided pursuant to this subsection.

(f) Notwithstanding the requirements of s. 189.04, special districts may provide early voting in any district election not held in conjunction with county or state elections. If a special district provides early voting, it may designate as many sites as necessary and shall conduct its activities in accordance with the provisions of paragraphs (a)-(c). The supervisor is not required to conduct early voting if it is provided pursuant to this subsection.

(2) During any early voting period, each supervisor shall make available the total number of voters casting a ballot at each early voting location and the total number of vote-by-mail ballots received under s. 101.69(2) during the previous day. Each supervisor shall prepare an electronic data file listing the individual voters who cast a ballot during the early voting period. This information shall be provided in electronic format as provided by rule adopted by the division. The information shall be updated and made available no later than noon of each day and shall be contemporaneously provided to the division.

(3) The ballot of each elector voting early shall be counted even if the elector dies on or before election day.

(4)(a) The elector must provide identification and must complete an Early Voting Voter Certificate in substantially the following form:

EARLY VOTING VOTER CERTIFICATE

I, , am a qualified elector in this election and registered voter of County, Florida. I do solemnly swear or affirm that I am the person so listed on the voter registration rolls of County and that I reside at the listed address. I understand that if I commit or attempt to commit fraud in connection with voting, vote a fraudulent ballot, or vote more than once in an election I could be convicted of a felony of the third degree and both fined up to $5,000 and imprisoned for up to 5 years. I understand that my failure to sign this certificate invalidates my ballot.

(Voter’s Signature)

(Address)

(City/State)

(b) Any elector may challenge an elector seeking to vote early under the provisions of s. 101.111. Any challenged voter must vote a provisional ballot. The canvassing board shall review the ballot and decide the validity of the ballot by majority vote.

(c) The canvass of returns for ballots cast under this subsection shall be substantially the same as votes cast by electors in precincts, as provided in s. 101.5614.

History.—s. 17, ch. 98-129; s. 2, ch. 2000-249; s. 55, ch. 2001-40; s. 21, ch. 2003-415; s. 7, ch. 2004-232; s. 13, ch. 2004-252; s. 45, ch. 2005-277; s. 39, ch. 2005-278; s. 39, ch. 2011-40; s. 13, ch. 2013-57; s. 57, ch. 2014-22; ss. 10, 18, ch. 2019-162; s. 17, ch. 2020-2.

F.S. 101.657 on Google Scholar

F.S. 101.657 on Casetext

Amendments to 101.657

Arrestable Offenses / Crimes under Fla. Stat. 101.657

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 101.657.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LEAGUE OF WOMEN VOTERS OF FLORIDA, INC. v. W. DETZNER,, 314 F. Supp. 3d 1205 (N.D. Fla. 2018)

. . . . § 101.657(1)(a) ("The supervisor may also designate ...") (emphasis added). . . . Stat. § 101.657(1)(a). . . . Stat. § 101.657(1)(a). . . . Stat. § 101.657. . . . Stat. § 101.657(1)(a). . . .

LEAGUE OF WOMEN VOTERS OF FLORIDA, INC. v. W. DETZNER,, 354 F. Supp. 3d 1280 (N.D. Fla. 2018)

. . . . § 101.657(1)(a). . . .

BLOCH, v. DEL REY,, 208 So. 3d 189 (Fla. Dist. Ct. App. 2016)

. . . October 20, 2016) (announcing August 15-28, 2016 as the early-voting period for the primary election); § 101.657 . . .

BROWN, v. DETZNER,, 895 F. Supp. 2d 1236 (M.D. Fla. 2012)

. . . In the Complaint (Doc. 1), Plaintiffs allege that certain recent amendments to Section 101.657(d) of . . . Stat. § 101.657(d) (2005 Early Voting Statute). . . . Stat. § 101.657(d) (eff. May 19, 2011) (2011 Early Voting Statute). . . . Stat. § 101.657(d) (eff. July 1, 2004-Dec. 31, 2005). . . . Stat. § 101.657(d) (eff. Jan. 1, 2006-May 18, 2011) (2005 Early Voting Statute). . . . .

FLORIDA, v. UNITED STATES, 885 F. Supp. 2d 299 (D.D.C. 2012)

. . . Stat. § 101.657(d) (2010). . . . Stat. § 101.657(d) (2011). . . . Stat. § 101.657(d) (2010). . . . Stat. § 101.657(d) (2011). . . . Stat. § 101.657(d) (2011). . . .

DIAZ A. AFL- CIO AFL- CIO v. M. COBB, C., 541 F. Supp. 2d 1319 (S.D. Fla. 2008)

. . . See § 101.657(1), Fla. Stat. (2007). . . .

S. BROWNING, v. SARASOTA ALLIANCE FOR FAIR ELECTIONS, INC. a L., 968 So. 2d 637 (Fla. Dist. Ct. App. 2007)

. . . chapter also sets forth the procedures to handle provisional ballots (§§ 101.048-.049), early voting (§ 101.657 . . .

JACKSONVILLE COALITION FOR VOTER PROTECTION, AFL- CIO, CLC, v. HOOD,, 351 F. Supp. 2d 1326 (M.D. Fla. 2004)

. . . voters in 2000, the Florida legislature amended the Early Voting Statute, Florida Statutes, section 101.657 . . . Stat. § 101.657(l)(b). . . . up to the filing of this case, the Supervisor of Elections Office in Duval County, based on section 101.657 . . .

NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC. VOLUSIA COUNTY BRANCH Dr. R. T. III v. LOWE,, 340 F. Supp. 2d 1329 (M.D. Fla. 2004)

. . . . § 101.657 (West 2004). . . . Ann. § 101.657(l)(a)(West 2004)(emphasis added). . . . Ann. § 101.657(l)(a)(West 2004). . . .